Vote — approved

Jack Sellers	yes
Thomas Galvin	yes
Bill Gates	yes
Clint Hickman	yes
Steve Gallardo	yes

Ayes: Jack Sellers, Thomas Galvin, Bill Gates, Clint Hickman, Steve Gallardo

Item Text

11. PHO CIELO CROSSING Case #: Z2024028 Supervisor District: 4 Applicant & Owner: Ken Hale, Smartlink Group / WBRVS I LLC Request: Special Use Permit (SUP) for a wireless communication facility (WCF) in the Rural-43 WHSC zoning district Site Location: Generally located about 700’ west of 211th Avenue and Grand Avenue in the Wittmann area Commission Recommendation: On 9/12/24, the Commission voted 8-0, to adopt a motion recommending the Board of Supervisors approve Z2024028 subject to conditions ‘a’ – ‘j’: a. A Plan of Development is approved subject to site plan entitled “PHO CIELO CROSSING” consisting of seven full-size sheets, dated July 12, 2024, and stamped received July 14, 2024. The Plan of Development may be amended administratively under separate application as long as the amendment complies with the established SUP development standards as approved by the Board of Supervisors. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “PHO CIELO_CROSSING – 17003304”, consisting of six pages, dated June 4, 2024, and stamped received June 4, 2024, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards, and best practices at the time of application for construction. 2. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the site’s drainage infrastructure. 3. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits. d. The maximum height of the Wireless Communication Facility shall be limited to 80’. This includes all attachments and concealment elements other than a lighting rod or colocation for a qualifying eligible facility per federal rule. e. Future requests to co-locate carriers on the wireless communication facility shall comply with Maricopa County and federal requirements. f. This special use permit is valid for a period of 30 years and shall expire on October 9, 2054, or upon termination of the use for a period of 90 or more days, whichever occurs first. All site improvements associated with the special use permit shall be removed within 90 days of such expiration or termination of use. g. The following SUP standards shall apply: 1. Maximum WCF antenna array diameter: 16’-2” 2. Minimum surfacing for parking and site access: stabilized decomposed granite h. Noncompliance with any of the conditions assigned to the approval of this Special Use Permit by the Maricopa County Board of Supervisors may be grounds for revocation in accordance with the requirements and procedures as set forth in the Maricopa County Zoning Ordinance. i. The property owners and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. j. The granting of this change in use of the property has been at the request of the applicant with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell, or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. (C-44-25-023-X-00)

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